Holman Webb is delighted to announce our nominations in the 2017 Australasian Law Awards:
The NSW Court of Appeal has handed down its decision in Walker Group Constructions v Tzaneros Investments  NSWCA 27. The plaintiff claimed damages from Walker Group Constructions alleging defective concrete paving. Once the pavement was laid, cracks began to develop, and as a result, some concrete slabs had to be repaired. Sometime later the plaintiff carried out further rectification whereby old slabs were replaced with reinforced concrete slabs. That cost was claimed from the defendant. The defendants argued that the rectification works undertaken by the plaintiff would result in betterment.
On 23 February 2017 the Full Bench of the Fair Work Commission announced the reduction of a number of penalties in respect to work on Sundays and/or public holidays in modern awards, effective from 1 July, which will be phased in over at least two annual instalments.
Congratulations to Alison Choy Flannigan for being selected as a finalist in the Lawyers Weekly Partner of the Year Awards 2017 in the Health category.
Australian case law tends to show that Australian courts apply general contract law principles to determine whether, and to what extent, a set of terms and conditions on the website are binding on the contractual parties.
The Supreme Court of New South Wales in the matter of Mobis Parts Australia Pty Ltd v XL Insurance Company SE  NSWSC 912 looked at when an admission of liability by an insurer can be withdrawn by the insurer at a later date.
The Full Court of the Australian Capital Territory in Allianz Australia Insurance Ltd v Smeaton  ACTCA 59 have provided further clarity of the applicability of section 54 of the Insurance Contracts Act 1974 (Cth) (‘ICA’). This decision follows other recent authorities regarding section 54 ICA, all of which have been in the insured’s favour, starting with the High Court in Maxwell v Highway Hauliers Pty Ltd  HCA 33, followed by Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds  FCA.
Late last year, the film industry in Australia won its first legal battle against piracy and unauthorised downloading practices since the amendment of the Copyright Act in June 2015.
Being released in cinemas this week, The Founder is the story of how Ray Kroc built the McDonald’s empire.
Michael Keaton plays Kroc and portrays him as an unlikeable, ruthless character who steals the ideas and even words of others without shame. He takes the brand concept and systems originated by Mac and Dick McDonald and passes them off as his own work. In doing so he grows their small operation to one across the US and internationally.
The Full Court of the Federal Court dismissed an appeal concerning a claim for contribution between insurers where the second policy would only respond to the underlying claim if section 54 of the Insurance Contracts Act 1984 (Cth )(‘ICA’) was engaged.